A new trial date has been set for early July after the case was cut short by an evidentiary misstep on Monday - eerily, two years to the day of the crash.
SPRINGFIELD - A lawyer for a defendant accused of killing another man with his truck told a judge on Thursday he will move to dismiss the case after a mistrial in Hampden Superior Court earlier this week.
Daniel Leary Daniel Leary, 37, of Southwick, was charged with motor vehicle homicide and driving under the influence after he struck and killed David Laduzenski, 29, on March 25, 2011.
Laduzenski, a West Springfield native living in Somerville, was in town visiting family and friends.
A new trial date has been set for early July after the trial was cut short by an evidentiary misstep on Monday - two years to the day of the crash.
Investigators say Leary's blood alcohol level was twice the legal limit when he drove off the road and hit Laduzenski, who was standing in a friend's driveway that night. Leary told police that Laduzenski jumped in front of his truck. His defense lawyer has challenged the legitimacy of the Breathalyzer results.
Laduzenski lingered on life support for two days before he died.
After days of testimony that began March 21, Judge Tina S. Page halted the trial after a snippet of video of police referring to charging Leary with drug possession was mistakenly played for jurors.
Page had barred from evidence any testimony about the drugs. But, a quiet reference to the drug charge by one officer during the booking process was amplified over courtroom speakers. Lawyers from both sides had reviewed the tape before trial and missed the comment, they conceded.
Defense lawyer Aaron W. Wilson moved for a mistrial. The prosecution was nearing the end of its case and Leary was to take the stand in his own defense.
Also on Thursday, Page reduced Leary's bail from $10,000 cash to $5,000. He has been out on bail pending trial, so the reduction represents money back to the defendant.
"We didn't oppose it; he's complied with all his conditions of release up to this point, so we don't anticipate he'll stop showing up to court," Hampden District Attorney Mark G. Mastroianni said after the hearing.
Wilson told Page he will file a motion to dismiss on double jeopardy grounds.